Community Terms of Antetype.com V. 4
Date of Last Revision: December 16th, 2014
Welcome to Antetype.com. The Antetype website and its associated services may be found at the domain Antetype.com and its related subdomains at Antetype.com. These Community Terms assume legal validity for the Community-Area of Antetype.com (the “SITE”). The SITE is owned and operated exclusively by Ergosign Technologies GmbH, Europaallee 12, 66113 Saarbrücken, Germany (referred to herein as “ERGOSIGN”, "us", "we" or the "Company").
These Community Terms govern the use of the community features of the SITE. For any contract closed on the SITE, our general terms and conditions are applicable with priority.
By creating a member account and/or accessing or using the SITE or by posting any content on the SITE, you represent and warrant that you have read, understand and agree to be bound by these Community Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Community Terms at any time. If we do this, we will post the changes to these Community Terms on the SITE. If you have a member account prior to any such changes, you will be prompted to review the revised Community Terms and accept them, prior to logging in to your member account. Your continued use of the SITE after any such changes constitutes your acceptance of the new Community Terms.
PLEASE READ THESE COMMUNITY TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
- "MEMBER” is register participant of the SITE.
- “INTELLECTUAL PROPERTY RIGHTS” means any invention, writing, design right, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
- “MEMBER CONTENT” includes all information that a MEMBER may submit to the SITE and which may become available for use or display, including without limitation all antetype files, design projects, screens, widgets, designs, texts, graphics, pictures, videos, animations, information, applications, software, programs, music, sounds, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format. MEMBER CONTENT also includes information that a MEMBER provides to ERGOSIGN outside of the SITE in relation to MEMBER CONTENT transmitted to the SITE. This kind of information shall constitute MEMBER CONTENT submitted to the SITE under this agreement.
- “ANTETYPE FILES” means all Files for the software Antetype published by MEMBERS on the SITE.
- Basic description of member participation
- MEMBERS can upload MEMBER CONTENT to the SITE using the Upload-Function.
- Control of the SITE:
ERGOSIGN generally does not regulate the content of communications between MEMBERS or MEMBERS' interactions with the SITE. As a result, ERGOSIGN has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of MEMBER CONTENT. Nonetheless, ERGOSIGN reserves the right to monitor and/or limit and/or delete any MEMBER CONTENT posted by a MEMBER to the SITE, including, without limitation.
Rights in Content
By registering on the SITE, MEMBER acknowledges that: (i) by using the SITE MEMBERS will have access to MEMBER CONTENT provided by other MEMBERS on the SITE, and (ii) MEMBER CONTENT may be provided by MEMBERS.. ERGOSIGN may pre-screen MEMBER CONTENT submitted by MEMBERS to the SITE and preserves the right to delete any MEMBER CONTENT without prior notice or giving any reason. MEMBERS accept that they are fully responsible and liable for use of any MEMBER CONTENT. MEMBERS agree that creations or submissions of any MEMBER CONTENT is not in any way based upon any expectation of compensation from ERGOSIGN or any other MEMBER.
MEMBERS agree that ERGOSIGN has the absolute right and permission to use MEMBER CONTENT for the purposes of advertising, promoting, reporting and disseminating information about ERGOSIGN’s business.
This SITE is intended solely for MEMBERS who are eighteen (18) years of age or older. Any registration by anyone under 18 is unauthorized and prohibited. By using the SITE, MEMBERS represent and warrant to be of age of 18 or older and to agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of the use of the SITE, MEMBERS agree to:
- Maintain the security of passwords and identifications;
- Maintain and promptly update the Registration Data and any other information provided to , and keep it accurate, current and complete;
- Be fully responsible for all use of the MEMBER-account and for any actions that take place using account of MEMBER.
Rights to MEMBER CONTENT and uploaded ANTETYPE FILES
- ERGOSIGN and each MEMBER that is a party to this Agreement acknowledges and agrees that, subject to the terms and conditions of this Agreement, all MEMBER CONTENT including uploaded ANTETYPE FILES will be licensed under the following terms:ALL MEMBER CONTENT ICLUDING ALL UPLOADED ANTETYPE FILES IS PUBLISHED UNDER PUPLIC DOMAIN, FREE OF CHARGE AND CAN BE DEALT WITHOUT RESTRICTIONS, INCLUDING WITHOUT LIMITATIONS TO THE RIGHTS TO USE, COPY MODIFY, MERGE, PUBLISH, DISTRIBUTE, SUBLICENSE, AND/OR SELL COPIES WITHOUT ATTRIBUTION TO THE CREATOR OF MEMBER CONTENT AND/OR ERGOSIGN. All MEMBER CONTENT including all uploaded ANTETYPE FILES is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. ERGOSIGN will not be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with MEMBER CONTENT including all uploaded ANTETYPE FILES or the use of other dealings with such MEMBER CONTENT, except in the case of intent and/or gross negligence.
- Notwithstanding the foregoing, MEMBERS understand and agree that by submitting MEMBER CONTENT to any area of the SITE, MEMBER automatically irrevocably waives any right to royalty claims against ERGOSIGN.
“ERGOSIGN” and other ERGOSIGN graphics, logos, designs, and service names are registered trademarks. MEMBER is not allowed to use ERGOSIGN-Trademarks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with ERGOSIGN and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ERGOSIGN.
Conduct by MEMBERS; Prohibited Conduct
MEMBER agrees that MEMBER shall not:
- take any action or upload, post, e-mail or otherwise transmit to or via the SITE any MEMBER CONTENT that infringes or violates any third party rights, including without limitation all INTELLECTUAL PROPERTY RIGHTS, or that constitutes any other Person’s Proprietary Information;
- impersonate any Person without their consent, including, but not limited to, a ERGOSIGN’s employee, or falsely state or otherwise misrepresent MEMBERS affiliation with any Person;
- take any action or upload, post, e-mail or otherwise transmit to or via the SITE any MEMBER CONTENT that violates any law or regulation;
- take any action or upload, post, e-mail or otherwise transmit to or via the SITE any MEMBER CONTENT as determined by ERGOSIGN at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- take any actions or upload, post, e-mail or otherwise transmit to or via the SITE any MEMBER CONTENT that contains any viruses, Trojan horses, worms, spyware, time bomb, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- take any action or upload, post, email or otherwise transmit to or via the SITE any MEMBER CONTENT that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit to or via the SITE any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that ERGOSIGN considers in its sole discretion to be of such nature;
- interfere with or disrupt the SITE or servers or networks connected to the SITE, or disobey any requirements, procedures, policies or regulations of networks connected to the SITE;
- attempt to gain access to any other MEMBER’s account or password; or
- "stalk", abuse or attempt to abuse, or otherwise harass another MEMBER;
- charge any third party for use of the SITE; or
- modify, adapt, reverse engineer, decompile or attempt to discover the source code of the SITE or any of its algorithms that are utilized to allocate Influence.
Any violation by MEMBER of the terms of the foregoing may result in immediate and permanent suspension or cancellation of MEMBERS account and the forfeiture of any accrued Influence and any amounts otherwise due to you from ERGOSIGN.
Copyright Infringement Complaints
ERGOSIGN respects the INTELLECTUAL PROPERTY RIGHTS of others and prohibits MEMBERS from uploading, posting or otherwise transmitting on the SITE any materials that violate another party's INTELLECTUAL PROPERTY RIGHTS or that constitutes another Person’s Proprietary Information.
If you believe that any MEMBER CONTENT infringes a copyright and/or trademark and/or design right, you can send an infringement notice containing the following information to email@example.com:
- Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
- Identification of the MEMBER CONTENT claimed to be infringing including the specific location within the SITE of the allegedly infringing MEMBER CONTENT;
- Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the right that has been allegedly infringed, an explanation of your relationship to the right owner;
- A statement that you have a good faith belief that the allegedly infringing MEMBER CONTENT is not authorized by the right owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and MEMBER is authorized to make the complaint on behalf of the right owner.
Monitoring MEMBER CONTENT
ERGOSIGN is not responsible or liable in any manner for any MEMBER CONTENT posted on the SITE or in connection with the SITE. Although ERGOSIGN provides rules for conduct and postings, ERGOSIGN does not control and is not responsible for what MEMBERS post, transmit or share on the SITE and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable MEMBER CONTENT you may encounter on the SITE or in connection with any MEMBER CONTENT. ERGOSIGN is not responsible for the conduct, whether online or offline, of any MEMBER.
All Data on ERGOSIGN’s Servers is subject to Deletion, Alteration or Transfer
When using the SITE, MEMBERS may accumulate MEMBER CONTENT, objects, items, scripts, or other value or status indicators that reside as data on ERGOSIGN’s servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON ERGOSIGN’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ERGOSIGN’S SOLE DISCRETION. Notwithstanding the foregoing, ERGOSIGN will maintain back-up records.
MEMBER UNDERSTANDS AND AGREES THAT ERGOSIGN HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY MEMBER CONTENT (INCLUDING YOUR MEMBER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.
MEMBER hereby agrees to defend, indemnify and hold harmless ERGOSIGN, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other MEMBERS of the SITE, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by MEMBER.
MEMBER agrees to defend, indemnify and hold harmless ERGOSIGN, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that MEMBERS activity on the SITE or MEMBER’s MEMBER CONTENT infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.